Illinois 2023-2024 Regular Session

Illinois House Bill HB4501 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4501 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 Amends the Child Care Act of 1969. Provides that a criminal background investigation for a person subject to background check shall include specified information. Provides that, notwithstanding any federal law that prohibits conditional employment prior to completed background checks, an individual hired to begin employment who has authorized the required background check may be employed by a child care facility on a conditional basis pending the outcome of the required background check. Provides that the form authorizing the background check shall be submitted to the Department of Children and Family Services. Provides that the individual shall also submit to the Department an attestation, under penalty of perjury, disclosing: (1) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation; and (2) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation. Provides that a conditional employee shall not be left alone with children outside the visual and auditory supervision of staff until the conditional employee has cleared all required background checks. Defines "persons subject to background check". LRB103 35927 SPS 66014 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4501 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 Amends the Child Care Act of 1969. Provides that a criminal background investigation for a person subject to background check shall include specified information. Provides that, notwithstanding any federal law that prohibits conditional employment prior to completed background checks, an individual hired to begin employment who has authorized the required background check may be employed by a child care facility on a conditional basis pending the outcome of the required background check. Provides that the form authorizing the background check shall be submitted to the Department of Children and Family Services. Provides that the individual shall also submit to the Department an attestation, under penalty of perjury, disclosing: (1) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation; and (2) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation. Provides that a conditional employee shall not be left alone with children outside the visual and auditory supervision of staff until the conditional employee has cleared all required background checks. Defines "persons subject to background check". LRB103 35927 SPS 66014 b LRB103 35927 SPS 66014 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4501 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
4	4	225 ILCS 10/4.1 from Ch. 23, par. 2214.1
5	5	Amends the Child Care Act of 1969. Provides that a criminal background investigation for a person subject to background check shall include specified information. Provides that, notwithstanding any federal law that prohibits conditional employment prior to completed background checks, an individual hired to begin employment who has authorized the required background check may be employed by a child care facility on a conditional basis pending the outcome of the required background check. Provides that the form authorizing the background check shall be submitted to the Department of Children and Family Services. Provides that the individual shall also submit to the Department an attestation, under penalty of perjury, disclosing: (1) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation; and (2) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation. Provides that a conditional employee shall not be left alone with children outside the visual and auditory supervision of staff until the conditional employee has cleared all required background checks. Defines "persons subject to background check".
6	6	LRB103 35927 SPS 66014 b LRB103 35927 SPS 66014 b
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8	8	A BILL FOR
9	9	HB4501LRB103 35927 SPS 66014 b HB4501 LRB103 35927 SPS 66014 b
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Child Care Act of 1969 is amended by
15	15	5 changing Section 4.1 as follows:
16	16	6 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
17	17	7 Sec. 4.1. Criminal background investigations.
18	18	8 (a) As used in this Section, "person subject to background
19	19	9 check" means:
20	20	10 (1) an operator of the child care facility;
21	21	11 (2) any current and conditional employee of the child
22	22	12 care facility;
23	23	13 (3) any person who is used to replace or supplement
24	24	14 staff;
25	25	15 (4) any person who has access to children as defined
26	26	16 in 89 Ill. Adm. Code 385.20;
27	27	17 (5) any person, including a non-licensed service
28	28	18 provider, who provides services that allow unsupervised
29	29	19 access to children if the requirement for background
30	30	20 checks is a condition of a contract or agreement or is
31	31	21 required otherwise under a contract or agreement; and
32	32	22 (6) any volunteer who has unsupervised contact with
33	33	23 children.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4501 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
39	39	225 ILCS 10/4.1 from Ch. 23, par. 2214.1
40	40	Amends the Child Care Act of 1969. Provides that a criminal background investigation for a person subject to background check shall include specified information. Provides that, notwithstanding any federal law that prohibits conditional employment prior to completed background checks, an individual hired to begin employment who has authorized the required background check may be employed by a child care facility on a conditional basis pending the outcome of the required background check. Provides that the form authorizing the background check shall be submitted to the Department of Children and Family Services. Provides that the individual shall also submit to the Department an attestation, under penalty of perjury, disclosing: (1) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation; and (2) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Illinois in which the individual resided within the 5 years preceding the date of the attestation. Provides that a conditional employee shall not be left alone with children outside the visual and auditory supervision of staff until the conditional employee has cleared all required background checks. Defines "persons subject to background check".
41	41	LRB103 35927 SPS 66014 b LRB103 35927 SPS 66014 b
42	42	LRB103 35927 SPS 66014 b
43	43	A BILL FOR
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49	49	225 ILCS 10/4.1 from Ch. 23, par. 2214.1
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68	68	1 "Person subject to background check" does not include an
69	69	2 employee of a child care facility that receives funds under
70	70	3 Title IV-E of the Social Security Act.
71	71	4 (b) The Department shall require that each person subject
72	72	5 to background check child care facility license applicant as
73	73	6 part of the application process, and each employee and
74	74	7 volunteer of a child care facility or non-licensed service
75	75	8 provider, as a condition of employment, authorizes authorize
76	76	9 an investigation to determine if such person subject to
77	77	10 background check applicant, employee, or volunteer has ever
78	78	11 been charged with a crime and if so, the disposition of those
79	79	12 charges; this authorization shall indicate the scope of the
80	80	13 inquiry and the agencies which may be contacted. Upon this
81	81	14 authorization, the Director shall request and receive
82	82	15 information and assistance from any federal, State or local
83	83	16 governmental agency as part of the authorized investigation.
84	84	17 Each person subject to background check applicant, employee,
85	85	18 or volunteer of a child care facility or non-licensed service
86	86	19 provider shall submit the person subject to background check's
87	87	20 applicant's, employee's, or volunteer's fingerprints to the
88	88	21 Illinois State Police in the form and manner prescribed by the
89	89	22 Illinois State Police. These fingerprints shall be checked
90	90	23 against the fingerprint records now and hereafter filed in the
91	91	24 Illinois State Police and Federal Bureau of Investigation
92	92	25 criminal history records databases. The Illinois State Police
93	93	26 shall charge a fee for conducting the criminal history records
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104	104	1 check, which shall be deposited in the State Police Services
105	105	2 Fund and shall not exceed the actual cost of the records check.
106	106	3 The Illinois State Police shall provide information concerning
107	107	4 any criminal charges, and their disposition, now or hereafter
108	108	5 filed, against a person subject to background check an
109	109	6 applicant, employee, or volunteer of a child care facility or
110	110	7 non-licensed service provider upon request of the Department
111	111	8 of Children and Family Services when the request is made in the
112	112	9 form and manner required by the Illinois State Police.
113	113	10 (c) A criminal background investigation for a person
114	114	11 subject to background check under subsection (b) shall
115	115	12 include:
116	116	13 (1) a Federal Bureau of Investigation fingerprint
117	117	14 check using Next Generation Identification;
118	118	15 (2) a search of the National Crime Information
119	119	16 Center's National Sex Offender Registry; and
120	120	17 (3) a search of the following registries,
121	121	18 repositories, or databases in this State and each state
122	122	19 where the person subject to background check resided
123	123	20 during the preceding 5 years:
124	124	21 (A) the criminal registry or repository, with the
125	125	22 use of fingerprints being:
126	126	23 (i) required in this State;
127	127	24 (ii) optional in other states;
128	128	25 (B) the sex offender registry or repository; and
129	129	26 (C) the child abuse and neglect registry and
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140	140	1 database.
141	141	2 (d) Information concerning convictions of a person subject
142	142	3 to background check license applicant, employee, or volunteer
143	143	4 of a child care facility or non-licensed service provider
144	144	5 investigated under this Section, including the source of the
145	145	6 information and any conclusions or recommendations derived
146	146	7 from the information, shall be provided, upon request, to such
147	147	8 person subject to background check applicant, employee, or
148	148	9 volunteer of a child care facility or non-licensed service
149	149	10 provider prior to final action by the Department on the
150	150	11 application. State conviction information provided by the
151	151	12 Illinois State Police regarding persons subject to background
152	152	13 check employees, prospective employees, or volunteers of
153	153	14 non-licensed service providers and child care facilities
154	154	15 licensed under this Act shall be provided to the operator of
155	155	16 such facility, and, upon request, to the person subject to
156	156	17 background check employee, prospective employee, or volunteer
157	157	18 of a child care facility or non-licensed service provider. Any
158	158	19 information concerning criminal charges and the disposition of
159	159	20 such charges obtained by the Department shall be confidential
160	160	21 and may not be transmitted outside the Department, except as
161	161	22 required herein, and may not be transmitted to anyone within
162	162	23 the Department except as needed for the purpose of evaluating
163	163	24 a person subject to background check an application or an
164	164	25 employee or volunteer of a child care facility or non-licensed
165	165	26 service provider. Only information and standards which bear a
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176	176	1 reasonable and rational relation to the performance of a child
177	177	2 care facility shall be used by the Department or any licensee.
178	178	3 Any employee of the Department of Children and Family
179	179	4 Services, Illinois State Police, or a child care facility
180	180	5 receiving confidential information under this Section who
181	181	6 gives or causes to be given any confidential information
182	182	7 concerning any criminal convictions of a person subject to
183	183	8 background check an applicant, employee, or volunteer of a
184	184	9 child care facility or non-licensed service provider, shall be
185	185	10 guilty of a Class A misdemeanor unless release of such
186	186	11 information is authorized by this Section.
187	187	12 (e) Notwithstanding any federal law that prohibits
188	188	13 conditional employment prior to completed background checks,
189	189	14 an individual hired to begin employment who has authorized the
190	190	15 background check required by this Section may be employed by a
191	191	16 child care facility on a conditional basis pending the outcome
192	192	17 of the required background check. The form authorizing the
193	193	18 background check shall be submitted to the Department. The
194	194	19 individual shall also submit to the Department an attestation,
195	195	20 under penalty of perjury, disclosing: (1) any abuse or neglect
196	196	21 complaints made against the individual with the child welfare
197	197	22 agency of a state other than Illinois in which the individual
198	198	23 resided within the 5 years preceding the date of the
199	199	24 attestation; and (2) any contact the individual had with a law
200	200	25 enforcement agency in connection with the individual's
201	201	26 suspected or alleged commission of a crime in a state other
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